传销是一类经济违法与犯罪活动的总称，基于对经济秩序与社会伦理的冲击被比喻为“经济邪教”，具有极其严重的社会危害性。上世纪八十年代，传销经由东南亚进入我国后，经历了疯狂的扩张，给人民群众的人身与财产安全带来了巨大的危害。2001年，国务院出台了《禁止传销条例》，拉开了打击传销犯罪的序幕，打击传销成为了市场经济治理关注的重点领域。2009年，《刑法修正案（七）》将组织、领导传销活动的行为认定为犯罪。自此，传销受到了行政与司法的双重规制。在这样的背景下，对非法传销的行政处罚和对传销犯罪的刑事处罚相互之间就有可能发生移转，由此产生了传销案件的行政执法与刑事司法衔接问题。

2001年，国务院在《行政执法机关移送涉嫌犯罪案件的规定》中首次提出了行刑衔接的概念。这种工作机制的设立是为了保证行政执法机关向公安机关及时移送涉嫌犯罪案件，依法惩罚破坏社会主义市场经济秩序罪、妨害社会管理秩序罪以及其他罪，从而保障社会主义建设事业顺利进行。作为法治建设的重点工作内容之一，近年来行刑衔接机制越发受到政府与学界的重视。距离行刑衔接机制的提出已经二十年有余，并且发挥了应有的效果。数据显示，行政机关对于传销案件的移送率近年来稳中向好。但是，传销案件的行刑衔接机制仍然存有部分问题需要解决。究其原因主要有以下几点。

第一，传销案件的行刑衔接法律依据不足，已有的规范性文件无法适应现实的衔接需要。第二，行刑衔接的机制本身存在的一些需要解决的问题，也是导致衔接不畅的主要原因。第三，在传销案件的行刑衔接过程中，行政机关和公安机关存在着“有案不移”、“有案难移”的现实问题，严重阻碍了行刑衔接机制的有效运行。第四，传销案件的行刑衔接机制缺乏有效的监管手段，需要进一步强化检察机关的主动审查机制与纠错机制。

为了解决上述问题，本文从传销案件的行刑衔接现实情况出发，结合诉讼法学的理论，尝试提出衔接问题的建议。希望为完善传销案件的行刑衔接机制贡献绵薄之力。

Pyramid saleing is a general term for a type of economic illegal and criminal activities, which is compared to an "economic cult" based on its impact on economic order and social ethics, and has extremely serious social harm. In the 1980s, after MLM entered China through Southeast Asia, it experienced a crazy expansion and brought huge harm to the personal and property safety of the people. In 2001, the State Council issued the "Regulations on the Prohibition of Pyramid Selling", marking the beginning of the crackdown on pyramid selling crimes. Combating pyramid selling has become a key area of concern for market economy governance. In 2009, the Criminal Law Amendment (7) criminalized the organization and leadership of pyramid schemes. Since then, pyramid schemes have been subject to dual administrative and judicial regulations. In this context, there is a possibility of transfer between administrative penalties for illegal pyramid schemes and criminal penalties for pyramid schemes, resulting in the connection between administrative law enforcement and criminal justice in cases involving pyramid schemes.

In 2001, the State Council first proposed the concept of execution linkage in the "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs". The establishment of this working mechanism is to ensure that administrative law enforcement agencies promptly transfer suspected criminal cases to public security organs, and punish crimes such as disrupting the order of the socialist market economy, obstructing social management order, and other crimes in accordance with the law, in order to ensure the smooth progress of socialist construction. As one of the key tasks in the construction of the rule of law, the mechanism for linking execution has been increasingly valued by the government and academia in recent years. It has been more than 20 years since the proposal of a mechanism for linking execution and has achieved its expected results. Data shows that the transfer rate of cases involving transmission by administrative agencies has been steadily improving in recent years. However, there are still some issues that need to be addressed in the execution linkage mechanism of cases involving transmission. The main reasons for this are as follows.

Firstly, the legal basis for the connection of execution in cases involving transmission is insufficient, and the existing normative documents cannot meet the needs of practical connection. Secondly, there are some issues that need to be addressed in the mechanism of execution linkage, which are also the main reasons for poor linkage. Thirdly, in the process of connecting the execution of cases related to transmission, there are practical problems between administrative and public security organs, such as "not transferring cases" and "difficult to transfer cases", which seriously hinder the effective operation of the execution connection mechanism. Fourthly, there is a lack of effective regulatory means for the execution linkage mechanism of cases involving transmission, and it is necessary to further strengthen the proactive review mechanism and error correction mechanism of the inspection authorities.

In order to solve the above problems, this article starts from the practical situation of the execution connection in cases involving transmission, and combines the theory of procedural law to try to propose suggestions for the connection problem. I hope to contribute my humble efforts to improving the execution linkage mechanism for cases involving transmission.